Legal Question in Real Estate Law in California

suing HOA

We are only renters in a condominum complex that has a homeowners association but the HOA has totally discriminated against us and caused us to lose the condo we are renting. The owner is so fed up with the complaints and fines that are threatned to her about us almost on a daily basis that she sold the condo. We have only been living here three months and have nothing but problems with the HOA since we moved in. All the rules they say we are breaking there are about ten other people in the community that break the same rules but are never reprimanded for it. As HOA they should enforce the rules fairly and equally not just punish one person. Do we as tenants have any legal rights to sue the HOA for moving expenses, harrasment and/or personal damages for having to uproot our two small children from their home?


Asked on 7/08/08, 8:27 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: suing HOA

In a technical sense, you probably have legal "standing" to sue, meaning that you are directly affected by the things you describe even though you were not an owner and thus meet the basic requirement of being a "party in interest". Before recommending suit, I would want to take a close look at the HOA's defenses and possible counterclaims. Sometimes HOAs do get way off base and have no reason for the extreme actions they take, but often enough they can defend their actions satisfactorily to avoid liability.

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Answered on 7/08/08, 10:49 pm


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